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Article 8, Overseas Family Members & Refugee Family Reunion
By David Zuther - Legal Associate

In This Article 1. Introduction to Article 8 of the European Convention on Human Rights (ECHR) 2. Background of the Al Hassan and Ors Case 3. The Appeal to the Upper Tribunal 4. Remaking the Decision: Proportionality...

 and Refugee Family Reunion 5. Conclusion and Future Impact 6. Contact Our Immigration Barristers 7. Frequently Asked Questions 8. Glossary 9. Additional Resources 1. Introduction to Article 8 of the...

The Safety of Rwanda Act 2024 Explained
By Anna Bregstein - Immigration Barrister

After months of what is known as parliamentary ‘ping pong’, the third amendment to the Safety of Rwanda (Asylum and Immigration) Bill (hereafter ‘the Bill’) was rejected by the House of Commons, resolving...

 the deadlock between the Houses. The latest amendments would have required the UK to set up an independent monitoring committee to report to Parliament before Rwanda could be declared ‘safe’, and to...

Refugee Status for Palestinians Where UNRWA Assistance Has Ceased
By Alex Papasotiriou - Immigration Barrister

In the ever-evolving landscape of international law, a notable recent occurrence is the delivery of Advocate General Emiliou’s Opinion in Case C‑563/22 SN and LN on 11 January 2024. This case, arising from...

 a preliminary ruling request by Bulgaria’s Administrative Court, delves into the interpretation of Article 12(1)(a) of the Qualification Directive (Directive 2011/95/EU), shedding light on the specific...

Refugee Family Reunion - Top 6 FAQ's
By Emilia Cieslak - Legal Associate

Currently, government policy regarding asylum places a lot of emphasis on ‘safe and legal routes’ and reducing the numbers of people arriving in the UK via unsafe journeys. This is the stated purpose of the recent...

 Illegal Migration Act 2023.  Therefore, in this post we answer some frequently asked questions about the Refugee Family Reunion route, one of the main ‘safe and legal’ routes available.   1. Who...

Asylum: What Are ‘Safe and Legal’ Routes?
By Richmond Chambers -

The government is seeking to reduce ‘unlawful migration to the UK’, by introducing sanctions against those migrating to the UK for humanitarian protection, other than through ‘safe and legal’ routes. This...

 article will provide an overview of the different ‘safe and legal’ routes currently in place in the UK and their limitations.  ‘Safe and Legal’ Routes The government has introduced the Illegal...

Afghanistan Citizens’ Resettlement Scheme Update
By Stefania Patuto - Immigration Barrister

In August 2021, the Afghanistan Citizens Resettlement Scheme (“ACRS”) was announced as a new route opening for the resettlement of Afghan refugees, prioritising those most in need including women, girls and children...

 given their particular vulnerability.  The route opened on 6 January 2022. The first Afghan families have been granted indefinite leave to remain (ILR) under the scheme. Who will be eligible for the...

Nationality and Borders Act 2022: Asylum Seekers
By Richmond Chambers -

The new Nationality and Borders Act 2022 was enacted on 28 April 2022. This article will summarise some aspects affecting asylum seekers.  The following topics will be discussed in this article in relation...

 to the Nationality and Borders Act 2022: Differential treatment of refugees Increasing the standard of proof for finding persecution  Late evidence submission The Secretary of State has expressed the Act’s...

Humanitarian Protection vs Refugee Status - What’s The Difference?
By Richmond Chambers -

Both humanitarian protection and refugee status are forms of leave in the UK that are granted to applicants who are endangered or otherwise in need. In short, the two are very similar, and both ensure permission...

 to stay in the UK for five years with a view to settlement afterwards. Refugee Status In order to be granted refugee status, an asylum seeker must meet the requirements of paragraph 334 of the immigration...

New Immigration Rules for Refugee Settlement
By Olivia Waddell - Immigration Barrister

Individuals who are in the UK on a protection route – i.e., those who have been granted refugee status or humanitarian protection, and their dependants – have their own specific route to settlement (also...

 known as Indefinite Leave to Remain in the UK).  The rules on settlement for these individuals are governed by the new Appendix Settlement Protection, which from 06 October 2021 replaced paragraph...

The Correct Test for Cessation of Refugee Status
By Richmond Chambers -

In a judgment given in September 2021 in PS (cessation principles) Zimbabwe [2021] UKUT 00283 (IAC), the Upper Tribunal considered the correct approach to cessation of refugee status. This was in reference to the...

 country guidance in CM (EM country guidance; disclosure) Zimbabwe CG [2013] UKUT 59 (IAC).  Facts of PS (cessation principles) Zimbabwe  The appellant, PS, in this case is a Zimbabwean citizen born in...

Alternative Visa Routes for Family Members of Refugees
By Richmond Chambers -

A previous article explained the rules and process for refugee family reunion. This article explores other options for family reunification that may be available to family members of refugees or people...

 granted humanitarian protection, who are not eligible for refugee family reunion.  Who falls outside the scope of refugee family reunion?  The rules on refugee family reunion only include pre-flight spouses/civil...

Refugee Family Reunion: A Practical Guide
By Richmond Chambers -

People who have been recognised as refugees in the UK or who have been granted humanitarian protection may sponsor certain family members to join them in the UK. Both will be referred to as ‘refugees’ for ease...

 of reference. Refugees who were admitted to the UK under resettlement schemes may also sponsor family members.  Eligible family members of refugees Only ‘pre-flight’ family members of refugees can be...
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